Social Media Case Reflection #2

The internet is a great place to share creativity, show-off your talents, and generate new ideas. Because of the internet information, videos, pictures, are passed around like the flu during January. People often now start conversations with "I saw this thing online" or "I read on the internet..." or "I saw this thing on Pinterest..." 

This kind of talk is generally positive for the world as it unites us, connects us, and makes us more aware of the people around us. 

Because things spread so fast online, a new generation of entrepreneurs has emerged from the dark, dusty basements of the millennial generation: YouTube sensations. While Preston Parker might not agree that these social media and internet stars can be considered "famous" I beg to differ. We've all hear of "Charlie bit my finger," "Double rainbow," "Hide yo kids" etc, and those people have definitely made money. (Most viewed YouTube videos) 

Another major YouTube sensation is the band OK GO. Their first major video included carefully timed jumping from treadmill to treadmill. They were instantly a hit. 

In their latest single-take internet sensation, OK GO created a video in zero-gravity. The video was set to launch exclusively on Facebook for a 48 hour window. But the airplane company that the video was filmed in, Russia's S7, released the video first. 

Big no-no. 

The copyright laws of the United States protects "original works of authorship, fixed in a tangible medium including literary, dramatic, musical, artistic, and other intellectual works." (https://en.wikipedia.org/wiki/Copyright_law_of_the_United_States)

Under this definition then, the OK GO video was original, fixed in a musical medium. By law, they owned the rights to the video. Only they had the legal capability to share it with the world. Once their video was posted, however, it became part of the fuzzy-gray line of internet copyright. (Learn more here)

How then was the airline able to release it? And what can be learned from this legal battle between YouTube, Facebook, and the producers of content? 

My first question with this case is, "How did the airline even get the video in the first place?" 

It's highly unlikely that they tapped into OK GO's deep values of data to collect the footage. The band then, I can assumed, sent the video to the airline to view before the rest of the world. That was their first mistake. I feel like the band should have kept it under wraps as much as they could. And if they wanted to send it on, they should have clarified that they DID NOT want it posted. Having clear directions and clear expectations would have prevented the airline from thinking they could post it. 

HOWEVER. 

The next part of blame I put on the airline for releasing something that wasn't theirs. They did not have permission from OK GO, therefore infringing on the copyright law. It was not theirs to use, making it blatant plagiarism. Before they posted it, they should have confirmed with OK GO that it was "ok go." In my line of business, I am often working with clients exclusively through email and I understand that things can get confusing. But a good social media manager will confirm with a client before just posting willy-nilly.  (For more information on how to be an effective social media manager read this post from Business to Community). 

In this situation, I see both OK GO and Russia S7's airline at fault. 

Another HOWEVER

The video was shot outside of Moscow Russia, making it obviously not on U.S. soil. So does that mean the copyright laws still exist for it? According to Russian copyright law (Copyright Law of Russian Federation): 

Under the 1993 law, copyright covers works of the sciences, literature, and the arts that are the result of creative activity and that exist in objective form. Neither the value nor the purpose of a work is a criterion for copyrightability. An "objective form" is any realization of a work such that it can be perceived by others in any way. Mere ideas are not copyrightable. Copyright is vested in an author automatically upon the creation of a work.

So who, in this case of Russian copyright law, was the true author? Sure OK GO filmed the video, but it was with the airline's airplane. In this case, I would still put all my case on OK GO. But as far as Russian law goes, S7 didn't break any laws.

Perhaps why there wasn't a large law-suit out, because of the international laws/regulations that were too open to debate.

I think that as the internet expands and things like this begin happening more and more frequently, there will be a change in international internet laws and perhaps a U.N. governing body to monitor such things. Because the internet connects countries and nationalities in a way never before seen, new laws, never before seen, will need to be enacted to protect the creativity of artists, musicians, and potential YouTube stars.

One last thing to be said, if you are going to post anything online, just remember that you've put out there for the world to see, use, and possibly manipulate or change. So be aware of what you post, use your brain, and give credit where credit is due and you'll be fine.